Whether the expense of an environmental consultant is a defense cost which, like other defense expenses, is recoverable as incurred, or an indemnity cost, recoverable only at the end of coverage litigation, is one of the most significant issues in environmental insurance coverage litigation today. By carefully planning, tracking, and describing such expenditures, policyholders can help maximize the chance that they will be recoverable as defense costs and thus get the most from insurance coverage.
This "How To" resource can help guide a legal department moving from predominantly hourly billing to alternative billing scenarios - with goals, planning, types, and key considerations.
Coaching has made a powerful impact on this lawyer’s career development—and it could do the same for you.
This InfoPAK (now known as ACC Guides) provides a high level overview of matters relating to practical issues concerning oil and gas and power including, the domestic oil and gas and electricity sectors, rights to oil and gas, electricity generation and renewable energy, oil and gas health and safety and the environment, and electricity transmission, distribution and supply in the United States.
Reactive law departments respond ad hoc to requests and handle emergencies as they crop up. Proactive departments have processes, tools and cultural behaviors in place to deal with incoming requests efficiently, and thus are better able to strategically manage risk. Learn more about what how legal departments can stop constantly putting out fires and become proactive business partners.
Last year, a Dallas federal jury cleared US billionaire entrepreneur Mark Cuban of allegations of insider trading. His trial lawyer and long-time counsel explain what made the case resonate with the jury. Among other things, jury research and selection play a critical role in any high-stakes trial.
Many executives rank data growth as one of their top business challenges. Organizations are now facing the reality that their existing systems for managing information are no longer working. A different approach to information management is necessary considering that our information-driven world is one of heightened compliance requirements coupled with reduced control over information. This article suggests that by adopting an evolved standard of reasonableness, this challenge can be met.
Most companies create and store audio data. In the event of an investigation, audio evidence can be extremely compelling and can make or break a case. Organizations should recognize the risks and requirements associated with audio data. Because audio files pose unique discovery challenges, read this article to learn the best practices for handling audio evidence.
A company that does not own its innovations cannot get paid the premium it deserves for the value it brings to its customers. Implementing a culture of getting paid for innovations needs to happen at all levels, and management should support this culture from the top down. Also, legal counsel must be well versed in IP ownership issues and risks, and be creative in resolving difficult issues as they arise. This article discusses how a company can support and grow its intellectual property.
It’s a case for which no company stakeholder ever wants to go to trial: the corporate veil has been pierced, and your executive might be found personally guilty for the wrongdoing of the company. This article explores what corporations can do to protect themselves from this oft-seen type of litigation.
ABA letter to state bar leaders regarding attorney-client privilege and work product policies promoted in the "Holder Memo" and "Thompson Memo".
A sample policy for directing employees, customers and partners in proper trademark usage.
This article discusses how recent court decisions have empowered the consumer. For example, in Australia, a leading residential housing developer was slapped with hefty fines for deceptive conduct; real estate developers in India have also found themselves in the regulator’s sights.
As lenders struggle to work out and collect on unprecedented numbers of commercial real estate loan defaults, they’re increasingly turning to receiverships. This article provides a background on receiverships in this context, their pros and cons, and some practical advice on how they work best.
ABA letter to the US Sentencing Commission regarding waiver of attorney-client privilege.
China is at a turning point. Propelled to be the world’s second largest economy by thirty years of exponential GDP growth, China now faces a slowdown and significant macro-economic questions. Compounding this is the constant, and dramatic, evolution of the global economic landscape. China’s response will determine its own role on the world stage for at least the next thirty years and significantly impact the rest of the world.
In recent years, organized labor has employed aggressive campaign strategies and innovative techniques designed to catch unwary employers off guard. The National Labor Relations Board also has launched new initiatives that impact all employers. The information provided in this InfoPAKSM can assist in-house counsel seeking to improve a company’s ability to avoid or survive a corporate campaign, make necessary changes to comply with the National Labor Relations Act, and enhance an organization’s overall human resource posture.
No longer is the annual report a dry recitation of financial figures. Increasingly, Securities and Exchange Commission (SEC) filings have become a canvas for broad, aspirational statements on corporate environmental and social practices. Publicly traded companies now face overlapping and sometimes conflicting demands for transparency from the SEC, activist shareholders, customers, and non–governmental organizations on subjects as disparate as conflict minerals, climate change, material environmental liabilities, and social mandates. These disclosures, which inevitably carry some degree of subjectivity, are fraught with obvious risks, including SEC enforcement actions, shareholder lawsuits and civil litigation based on consumer deception or false advertising claims. This program will provide corporate counsel with tips and case studies for working with their corporate colleagues and outside auditors to obtain information critical to making accurate and defensible disclosures that will highlight company accomplishments without creating unnecessary litigation or enforcement risk.
This is an article on lawyers and leadership from the American Bar Association Center for Professional Responsibility, Standing Committee on Professionalism
2010 Volume 20 No. 3.
This Leading Practices Profile features the best practices of five ACC law department members for planning and hosting successful legal retreats. In the wake of the economic downturn and increased pressure to do more with less, these participating corporations share their best planning practices to deliver retreats that inspire, teach, and fortify legal teams to continue delivering results to their organizations that will offset meeting costs.
This primer describes the principal attributes and listing requirements of 29 securities exchanges around the world, from the view of a foreign company considering a cross-border listing.
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